2021-2022 Bill 38 Text of Previous Version (Apr. 7, 2021 ...



Indicates Matter StrickenIndicates New MatterCOMMITTEE REPORTApril 7, 2021S.?38Introduced by Senators Grooms, Rice, Hembree, Verdin, Kimbrell, Corbin, Loftis, Campsen, Bennett and YoungS. Printed 4/7/21--H.Read the first time March 4, 2021.????????????THE COMMITTEE ON EDUCATION AND PUBLIC WORKSTo whom was referred a Bill (S.?38) to enact the “Reinforcing College Education on America’s Constitutional Heritage Act” or the “Reach Act”; to amend Section 5929120(a), relating to the, etc., respectfullyREPORT:That they have duly and carefully considered the same and recommend that the same do pass with amendment:Amend the bill, as and if amended, SECTION 2. A., by striking Section 5929130(A)(1)(a) and inserting:/“Section 5929130.(A)(1)(a)The instruction provided for in Section 5929120 shall be given for at least one year of the high school, college and university grades, respectively. A public institution of higher learning, as defined in Section 591035, that offers classes which may fulfill general education or liberal arts requirements shall require each undergraduate student, except a student eligible for the exemption provided in item (2), to complete no fewer than three semester credit hours or their equivalent in American history, American government, or another equivalent course of instruction that provides a comprehensive overview of the major events and turning points of American history and government which includes, at a minimum, reading:(i)the United States Constitution in its entirety;(ii)the Declaration of Independence in its entirety;(iii)the Emancipation Proclamation in its entirety; and(iv)a minimum of five essays in their entirety from the Federalist Papers as selected by an instructor./Amend the bill further, SECTION 2. A., by striking Section 5929130(B) and inserting:/(B)The board of trustees of a public institution of higher learning shall ensure that the requirements of this section are incorporated into the degree requirements of all undergraduate degree programs in a manner that does not:(1)add to the total number of credit hours for any degree; and(2)conflict with any school accreditation process./Amend the bill further by striking SECTION 3.Renumber sections to conform.Amend title to conform.MERITA A. ALLISON for Committee.????????????STATEMENT OF ESTIMATED FISCAL IMPACTExplanation of Fiscal ImpactState ExpenditureThe amended bill requires all public high schools to give instruction in the essentials of the Emancipation Proclamation, in addition to the current requirements of instruction on the U.S. Constitution, the Declaration of Independence, and the Federalist Papers. Additionally, the amended bill requires students to pass a course that includes instruction in these subject areas prior to receiving a certificate of graduation. The amended bill also requires undergraduate students in public IHLs that offer classes which may fulfill general education or liberal arts requirements to successfully complete at least three semester credit hours of instruction in American History, American Government, or another equivalent course of instruction that provides a comprehensive overview of the major events and turning points of American History and Government. At a minimum, this instruction must include the United States Constitution in its entirety, the Declaration of Independence in its entirety, the Emancipation Proclamation in its entirety, and a minimum of five essays in their entirety from the Federalist Papers as selected by an instructor. Also, no public institution of higher learning may grant a certificate of graduation for a baccalaureate degree program to a student unless the student successfully completes the required coursework pursuant to this bill. Further, the board of trustees of an IHL must ensure that the requirements of the bill are incorporated into the degree requirements of all undergraduate degree programs in a manner that does not add to the total number of credit hours and does not conflict with any school accreditation process. CHE must annually collect information necessary to ensure that each public institution of higher learning is in compliance with the provisions of the bill. Such information must be reported annually to the Chairman of the House Ways and Means Committee, the Chairman of the House Education and Public Works Committee, the Chairman of the Senate Finance Committee, and the Chairman of the Senate Education Committee. Additionally, the bill repeals Section 59-29-140 relating to the enforcement of the program of study of the United States Constitution by the State Superintendent of Education. State Department of Education. SDE indicates that the amended bill will have no expenditure impact on the agency since instruction on the Emancipation Proclamation is currently covered in the high school standards. Additionally, further development of items needed to measure the Emancipation Proclamation can be managed within current appropriations. State Agency Schools. The Wil Lou Gray Opportunity School indicates that the amended bill will have no expenditure impact on the agency since the school participates in a GED granting curriculum. The Governor’s School for Science and Mathematics, the Governor’s School for Agriculture at John de la Howe, and the School for the Deaf and Blind indicate that the amended bill will have no impact since their students currently receive instruction in the specified areas of study. Based upon these responses, we do not anticipate that the amended bill will impact the Governor’s School for Arts and Humanities. Therefore, the amended bill will have no expenditure impact on the state agency mission on Higher Education. The amended bill creates additional curriculum requirements for IHLs. CHE must collect information necessary to ensure these requirements are being met and report annually to the General Assembly. CHE indicates that any expenses resulting from the amended bill can be managed within current appropriations. Therefore, the amended bill will have no expenditure impact on CHE.The amended bill creates additional curriculum requirements for students pursuing a baccalaureate degree. CHE surveyed the public IHLs to determine the expenditure impact this bill will have on each institution. The Citadel responded that this bill would require the addition of 2 full-time instructors costing $83,400 each for annual salary and fringe. In addition, the school would need 5 additional adjunct instructors at $4,012 each for annual salary and fringe. The school would also require additional administrative support totaling $3,274 annually for salary and fringe. The Citadel anticipates expenditures for equipment and supplies to total $2,400 for FY 2022-23 and $400 for each year thereafter. Therefore, the entire increase in expenditures is expected to be $192,534 in FY 2022-23 and $190,534 each year thereafter. However, the Citadel is not seeking additional funding to implement the provisions of this bill. The Citadel will implement the requirements of this bill using current appropriations.Clemson University, in anticipation of the passing of this bill, intends to expand their current course offerings to meet the provisions of this bill beginning in the fall of 2021. The university indicated that this bill would require 12 additional full-time lecturers. In addition, 1 administrator would be required for the coordination and tracking of all students and programming associated with this requirement. The annual expenditures for these 13 FTEs would be $931,853 beginning in FY 2021-22. However, Clemson is not seeking additional funding to implement the provisions of this bill. The university will manage the cost within their existing budget.Lander indicated that the agency anticipates the expenditure impact of this bill could be managed within existing appropriations. Winthrop University indicated that this bill would require non-recurring expenditures of $15,000 in FY 2022-23 to modify existing courses to comply with the requirements of this bill. The university indicated that they currently have staff in place to teach the additional sections. However, should the university be faced with budget reductions that result in loss of FTEs, they would need to request an additional $162,193 for salary and fringe for 1.8 faculty FTEs. This figure is provided here for informational purposes and only the $15,000 is included in the summative total for all IHLs below.The University of South Carolina (USC) Columbia, in anticipation of the passing of this bill, intends to provide a required three-hour credit course to meet these requirements beginning in the fall of 2021. Initially, this course will be taught by temporary faculty members consisting of non-tenure track faculty or postdoctoral fellows. Over the next four years, the university intends to replace these temporary faculty members with tenure track faculty. The university will train existing faculty to teach founding documents, or retiring faculty members will be replaced by faculty with that expertise. The university intends to hire 6 postdoctoral fellows for the next four years at an annual expense of $305,352 for salary and fringe. Training and workshop expenses are anticipated to be $15,000 each year for the next four years. Therefore, the total anticipated expenditures for USC Columbia will be $320,352 each year for FY 2021-22 through FY 2024-25. The University of South Carolina System is not seeking additional funding to implement the provisions of this bill. The university will implement the requirements of this bill using current appropriations.USC Aiken reported increased annual expenditures of $90,000 for 1 new FTE and online course development as a result of the provisions of this bill. USC Beaufort reported $167,776 in increased annual expenditures for salary and fringe for 2 additional assistant professors. USC Upstate expects $503,328 in additional annual expenditures for 6 new faculty FTEs. USC Palmetto College, which comprises USC Union, Lancaster, Salkehatchie, and Sumter branches, anticipates a minimal increase in expenditures. The University of South Carolina System is not seeking additional funding to implement the provisions of this bill. The university will implement the requirements of this bill using current appropriations.The College of Charleston anticipates that they will require an additional $25,000 in non-recurring general funds for course development. Therefore, this bill will increase non-recurring general fund expenditures for the College of Charleston by $25,000 in FY 2021-22.Coastal Carolina anticipates a non-recurring general fund expenditure of $25,000 for course development. The university intends to implement this change using current appropriations. CHE surveyed the public institutions of higher education regarding the impact of similar legislation during last session. We anticipate that these responses are still accurate. However, we have requested updates, and we will update this impact statement if we receive revised responses. Francis Marion University (FMU) previously anticipated the need for 2 additional faculty FTEs, which would increase annual expenditures by $150,000. In addition, FMU anticipated an additional non-recurring cost of $5,000 for course development. CHE indicates that the amended bill exempts the Medical University of South Carolina (MUSC) from the requirements of the bill since MUSC is not accredited to offer general education courses. Therefore, the amended bill will have no expenditure impact on MUSC.South Carolina State University previously anticipated $115,000 in general fund expenditures for 1 new faculty FTE. The amended bill will increase expenditures for sixteen of the IHLs by an estimated $1,252,205 in FY 2021-22, $2,540,843 in FY 2022-23, $2,468,843 in FY 2023-24 and FY 2024-25, and $2,148,491 each year thereafter, for course development and 32 additional FTEs required to deliver instruction. Twelve of the responding IHLs indicate that they can manage the expenses within current appropriations. The expenses for these twelve IHLs are estimated to total $1,252,205 in FY 2021-22, $2,230,843 in FY 2022-23, $2,203,843 in FY 2023-24 and FY 2024-25, and $1,883,491 each year thereafter. Also, these IHLs anticipate the need for 29 additional FTEs. State Board for Technical and Comprehensive Education. The amended bill applies to undergraduate baccalaureate degree programs only. Currently, GTC is the only technical college that offers such a program. GTC indicates that a currently employed instructor will be asked to teach one additional class per year to satisfy the requirements of this bill. The amended bill will have no expenditure impact on GTC, because any additional expenditures will be minimal and can be absorbed within existing appropriations. GTC prepared this estimate using the assumption that this bill will only impact students enrolled in GTC’s baccalaureate program and does not apply to students enrolled in other programs. No other baccalaureate programs are offered at any other technical college and the amended bill has no further requirements of SBTCE. Therefore, the amended bill will have no expenditure impact on SBTCE or the Technical College System. Local ExpenditureThe amended bill requires all public high schools to give instruction in the essentials of the Emancipation Proclamation, in addition to the current requirements of instruction on the U.S. Constitution, the Declaration of Independence, and the Federalist Papers, including the study of American institutions and ideals. Additionally, the amended bill requires students to pass a course that includes instruction in these subject areas prior to receiving a certificate of graduation. Sections 59-29-120 and 59-29-130 currently require high school students to receive instruction in the aforementioned studies. Additionally, SDE indicates that instruction on the Emancipation Proclamation is currently in the high school standards. Therefore, the amended bill will have no expenditure impact on local school districts.Introduced on January 12, 2021State ExpenditureThe bill requires all public high schools to give instruction in the essentials of the Emancipation Proclamation, in addition to the current requirements of instruction on the U.S. Constitution, the Declaration of Independence, and the Federalist Papers, including the study of American institutions and ideals. The bill also requires undergraduate students in all public IHLs to successfully complete at least three semester credit hours of instruction in the essentials of the United States Constitution, the Declaration of Independence, the Emancipation Proclamation, the Federalist Papers, and the study of American institutions and history, including African-American history, and ideals. Further, no public institution of higher learning may grant a certificate of graduation for any baccalaureate degree program to any student unless the student successfully completes the required coursework or a qualifying advanced placement or dual credit course. CHE must annually collect information necessary to ensure that each public institution of higher learning is in compliance with the provisions of the bill. Such information must be reported annually to the Chairman of the House Ways and Means Committee, the Chairman of the House Education and Public Works Committee, the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, and the Chairman of the Commission on Higher Education. CHE must also submit the provisions of this bill to the Southern Association of Colleges and Schools Commission on Colleges and request an advisory opinion as to whether such provisions can be incorporated into degree requirements without infringing on the accreditation process. Additionally, the bill repeals Section 59-29-140 relating to the enforcement of the program of study of the United States Constitution by the State Superintendent of Education. State Department of Education. SDE indicates that the bill will have no expenditure impact on the agency since instruction on the Emancipation Proclamation is currently covered in the high school standards. Additionally, further development of items needed to measure the Emancipation Proclamation can be managed within current appropriations. State Agency Schools. The Wil Lou Gray Opportunity School indicates that this bill will have no expenditure impact on the agency since the school participates in a GED granting curriculum. The Governor’s School for Science and Mathematics, the Governor’s School for Agriculture at John de la Howe, and the School for the Deaf and Blind indicate that the bill will have no impact since their students currently receive instruction in the specified areas of study. Based upon these responses, we do not anticipate that this bill will impact the Governor’s School for Arts and Humanities. Therefore, this bill will have no expenditure impact on the state agency mission on Higher Education. This bill creates additional curriculum requirements for IHLs. CHE must collect information necessary to ensure these requirements are being met and report annually to the General Assembly. CHE indicates that any expenses resulting from the bill can be managed within current appropriations. Therefore, this bill will have no expenditure impact on CHE.This bill creates additional curriculum requirements for students pursuing a baccalaureate degree. CHE surveyed the public IHLs to determine the expenditure impact this bill will have on each institution. The Citadel responded that this bill would require the addition of 2 full-time instructors costing $83,400 each for annual salary and fringe. In addition, the school would need 5 additional adjunct instructors at $4,012 each for annual salary and fringe. The school would also require additional administrative support totaling $3,274 annually for salary and fringe. The Citadel anticipates expenditures for equipment and supplies to total $2,400 for FY 2022-23 and $400 for each year thereafter. Therefore, the entire increase in expenditures is expected to be $192,534 in FY 2022-23 and $190,534 each year thereafter. Clemson University, in anticipation of the passing of this bill, intends to expand their current course offerings to meet the provisions of this bill beginning in the fall of 2021. The university indicated that this bill would require 12 additional full-time lecturers. In addition, 1 administrator would be required for the coordination and tracking of all students and programming associated with this requirement. The annual expenditures for these 13 FTEs would be $931,853 beginning in FY 2021-22.Lander indicated that the agency anticipates the expenditure impact of this bill could be managed within existing appropriations. Winthrop University indicated that this bill would require non-recurring expenditures of $15,000 in FY 2022-23 to modify existing courses to comply with the requirements of this bill. The university indicated that they currently have staff in place to teach the additional sections. However, should the university be faced with budget reductions that result in loss of FTEs, they would need to request an additional $162,193 for salary and fringe for 1.8 faculty FTEs. This figure is provided here for informational purposes and only the $15,000 is included in the summative total for all IHLs below.The University of South Carolina (USC) Columbia, in anticipation of the passing of this bill, intends to provide a required three-hour credit course to meet these requirements beginning in the fall of 2021. Initially, this course will be taught by temporary faculty members consisting of non-tenure track faculty or postdoctoral fellows. Over the next four years, the university intends to replace these temporary faculty members with tenure track faculty. The university will train existing faculty to teach founding documents, or retiring faculty members will be replaced by faculty with that expertise. The university intends to hire 6 postdoctoral fellows for the next four years at an annual expense of $305,352 for salary and fringe. Training and workshop expenses are anticipated to be $15,000 each year for the next four years. Therefore, the total increase in expenditures for USC Columbia will be $320,352 each year for FY 2021-22 through FY 2024-25. USC Aiken reported increased annual expenditures of $90,000 for 1 new FTE and online course development as a result of the provisions of this bill. USC Beaufort reported $167,776 in increased annual expenditures for salary and fringe for 2 additional assistant professors. USC Upstate expects $503,328 in additional annual expenditures for 6 new faculty FTEs. USC Palmetto College, which comprises USC Union, Lancaster, Salkehatchie, and Sumter branches, anticipates a minimal increase in expenditures. The College of Charleston and Coastal Carolina each anticipate a non-recurring general fund expenditure of $25,000 for course development. CHE surveyed the public institutions of higher education regarding the impact of similar legislation during last session. We anticipate that these responses are still accurate. However, we have requested updates, and we will update this impact statement if we receive revised responses. Francis Marion University (FMU) previously anticipated the need for 2 additional faculty FTEs, which would increase annual expenditures by $150,000. In addition, FMU anticipated an additional non-recurring cost of $5,000 for course development. The Medical University of South Carolina (MUSC) has a small population of undergraduate students. ?The majority of these students transfer from technical schools where it is not expected that they will receive this instruction.? As such, MUSC will be required to develop the necessary courses.? MUSC previously anticipated the expenses to be significant and is currently working to determine the expenditure impact. Therefore, this bill will increase expenditures for MUSC by an undetermined amount for course development.? South Carolina State University previously anticipated $115,000 in general fund expenditures for 1 new faculty FTE. In summary, this bill will increase expenditures for IHLs by an estimated $1,252,205 in FY 2021-22, $2,540,843 in FY 2022-23, $2,468,843 in FY 2023-24 and FY 2024-25, and $2,148,491 each year thereafter, for course development and 32 additional FTEs required to deliver instruction. State Board for Technical and Comprehensive Education. The bill applies to undergraduate baccalaureate degree programs only. Currently, GTC is the only technical college that offers such a program. GTC indicates that a currently employed instructor will be asked to teach one additional class per year to satisfy the requirements of this bill. This bill will have no expenditure impact on GTC, because any additional expenditures will be minimal and can be absorbed within existing appropriations. GTC prepared this estimate using the assumption that this bill will only impact students enrolled in GTC’s baccalaureate program and does not apply to students enrolled in other programs. No other baccalaureate programs are offered at any other technical college and the bill has no further requirements of SBTCE. Therefore, this bill will have no expenditure impact on SBTCE or the Technical College System. Local ExpenditureThe bill requires all public high schools to give instruction in the essentials of the Emancipation Proclamation, in addition to the current requirements of instruction on the U.S. Constitution, the Declaration of Independence, and the Federalist Papers, including the study of American institutions and ideals. Sections 59-29-120 and 59-29-130 currently require high school students to receive instruction in the aforementioned studies. Additionally, SDE indicates that instruction on the Emancipation Proclamation is currently in the high school standards. Therefore, the bill will have no expenditure impact on local school districts.Frank A. Rainwater, Executive DirectorRevenue and Fiscal Affairs OfficeA BILLTO ENACT THE “REINFORCING COLLEGE EDUCATION ON AMERICA’S CONSTITUTIONAL HERITAGE ACT” OR THE “REACH ACT”; TO AMEND SECTION 5929120(A), RELATING TO THE STUDY OF THE UNITED STATES CONSTITUTION REQUISITE FOR GRADUATION, TO PROVIDE THAT EACH PUBLIC HIGH SCHOOL MUST PROVIDE INSTRUCTION CONCERNING THE UNITED STATES CONSTITUTION, THE FEDERALIST PAPERS, AND THE DECLARATION OF INDEPENDENCE TO EACH STUDENT FOR AT LEAST ONE YEAR; TO AMEND SECTION 59-29-130, RELATING TO THE DURATION OF INSTRUCTION IN THE ESSENTIALS OF THE UNITED STATES CONSTITUTION, TO PROVIDE THAT EACH INSTITUTION OF HIGHER LEARNING MUST PROVIDE INSTRUCTION CONCERNING THE UNITED STATES CONSTITUTION, THE FEDERALIST PAPERS, AND THE DECLARATION OF INDEPENDENCE TO EACH UNDERGRADUATE STUDENT FOR THREE SEMESTER CREDIT HOURS; AND TO REPEAL SECTION 5929140, RELATING TO THE ENFORCEMENT OF THE PROGRAM OF STUDY OF THE UNITED STATES CONSTITUTION BY THE STATE SUPERINTENDENT OF EDUCATION.Be it enacted by the General Assembly of the State of South Carolina:SECTION1.Section 5929120(A) of the 1976 Code is amended to read:“Section 5929120.(A)(1)All public high schools, colleges, and universities in this State that are sustained or in any manner supported by public funds shall must give instruction in the essentials of the United States Constitution, the Declaration of Independence, the Emancipation Proclamation, and the Federalist Papers, including the study of and devotion to American institutions and ideals, and no. No student in any such school, college, or university may receive a certificate of graduation without previously passing a satisfactory examination upon course that includes instruction in the provisions and principles of the United States Constitution, the Declaration of Independence, the Emancipation Proclamation, and the Federalist Papers, and, if a citizen of the United States, satisfying the examining power of his loyalty thereto.”SECTION2.A.Section 5929130 of the 1976 Code is amended to read:“Section 5929130.(A)(1)(a)The instruction provided for in Section 5929120 shall be given for at least one year of the high school, college and university grades, respectively. A public institution of higher learning, as defined in Section 591035 shall require each undergraduate student, except a student eligible for the exemption provided in item (2), to complete no fewer than three semester credit hours or their equivalent in American history, American government, or another equivalent course of instruction that provides a comprehensive overview of the major events and turning points of American history and government which includes, at a minimum, reading:(i)the United States Constitution in its entirety;(ii)the Declaration of Independence in its entirety;(iii)the Emancipation Proclamation in its entirety; and(iv)a minimum of five essays in their entirety from the Federalist Papers as selected by an instructor.(b)No public institution of higher learning may grant a certificate of graduation for a baccalaureate degree program to a student unless he successfully completes the requirements of this subsection.(2)A public institution of higher learning may exempt a student who has completed three semester credit hours, or their equivalent, in an Advanced Placement, International Bacclaureate (IB), or dualcredit course with a passing grade in the subject of American government or American history, provided the completed three semester credit hours, or their equivalent, in an Advanced Placement, International Bacclaureate, or dualcredit course must satisfy the requirements of item (1).(B)A public institution of higher learning shall ensure that the requirements of this section are incorporated into the degree requirements of all undergraduate degree programs in a manner that does not:(1)add to the total number of credit hours for any degree; and(2)conflict with any school accreditation process.(C)The Commission on Higher Education shall ensure the compliance of each public institution of higher learning with all provisions of this section. The commission annually shall collect information necessary to ensure that a public institution of higher learning is in compliance with this section. This information annually must be reported to the Chairman of the House of Representatives Ways and Means Committee, the Chairman of the House of Representatives Education and Public Works Committee, the Chairman of the Senate Finance Committee, and the Chairman of the Senate Education Committee.”B.Section 5929130, as amended by this act, applies to the first incoming undergraduate freshman class entering a public institution of higher learning after the effective date of this act and each subsequent undergraduate class thereafter. Nothing contained in Section 5929130 may be construed to prevent an undergraduate student enrolled in a public institution of higher learning on the effective date of this act from receiving a certificate of graduation.SECTION3.The Commission on Higher Education shall submit the provisions of Section 5929130, as amended by this act, to the Southern Association of Colleges and Schools Commission on Colleges and request an advisory opinion as to whether such provisions can be incorporated into degree requirements without infringing on the accreditation process, as required by Section 5929130(C)(2).SECTION4.Section 5929140 of the 1976 Code, relating to the enforcement of the program of study of the United States Constitution by the State Superintendent, is repealed.SECTION5.If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, then such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.SECTION6.This act takes effect beginning with the 20212022 School Year.XX ................
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